California Senate Bill SB1282 Amended / Bill

 BILL NUMBER: SB 1282AMENDED BILL TEXT AMENDED IN SENATE MAY 31, 2016 INTRODUCED BY Senators Leno and Allen FEBRUARY 19, 2016 An act to add Section 12860 to, and to add Article 4.5 (commencing with Section 14085) to Chapter 3 of Division 7 of, the Food and Agricultural Code, relating to pesticides. LEGISLATIVE COUNSEL'S DIGEST SB 1282, as amended, Leno. Pesticides: neonicotinoids:  labeling and restricted material designation.   labeling.  Existing law generally regulates pesticide use by the Department of Pesticide Regulation, and requires the Director of Pesticide Regulation to endeavor to eliminate from use any pesticide that endangers the agricultural or nonagricultural environment. A violation of those provisions and regulations adopted pursuant to those provisions is generally a misdemeanor. Existing law requires the department, on or before July 1, 2018, to issue a determination with respect to its reevaluation of neonicotinoids, and to adopt control measures necessary to protect pollinator health within 2 years, as specified. This  bill would require the director,   bill,  on and after July 1, 2017,  to   would  require  labeling   labeling, as specified,  of commercially available seeds and plants sold at retail establishments, excluding noxious weed seeds and plants, that have been treated with a neonicotinoid  pesticide, and, by regulation, designate neonicotinoid pesticides as restricted materials by January 1, 2018. Because a violation of the regulations adopted pursuant to the bill's provisions would be a misdemeanor, the bill would impose a state-mandated local program.   pesticide. The bill, by January 1, 2018, would prohibit the noncommercial use of neonicotinoids, except as provided. The bill would specify that a violation of these requirements is not a crime but would constitute an unfair and unlawful business act or practice.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.  Vote: majority. Appropriation: no. Fiscal committee: yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Bees and other pollinators are critical to agricultural production, home gardens, and native ecosystems. Bee populations have been declining significantly over the past 25 years, and while there is no single cause of these declines, a substantial and growing body of evidence points to neonicotinoid pesticides as a key factor. Neonicotinoid pesticides are taken up by plants, and expressed through pollen, nectar, and guttation droplets, impacting both target and nontarget insect species, including honey bees and native bees. (2) The Director of Pesticide Regulation is required, by regulation, to designate a list of restricted material pesticides that meet certain criteria, including presenting a hazard to honey bees. (3) Based on data showing a potential hazard to honey bees, in 2009, the Department of Pesticide Regulation initiated reevaluation of pesticide products containing four neonicotinoid chemicals, including imidacloprid, thiamethoxam, clothianidin, and dinotefuran. The department is required to complete its reevaluation by July 1, 2018, and to adopt necessary control measures for these pesticides by July 1, 2020. (b) It is the intent of the Legislature to minimize potential harm to honey bees in the interim while the Department of Pesticide Regulation continues to study the impacts of neonicotinoids. SEC. 2. Section 12860 is added to the Food and Agricultural Code, to read: 12860. (a) On and after July 1, 2017,  the director shall require labeling of  all commercially available seeds and plants sold at retail establishments, excluding noxious weed seeds and plants, that have been treated with a neonicotinoid  pesticide.   pesticide shall be labeled.  "Treatment" includes foliar and granular treatments, in addition to seed coatings. (b) The label shall include, clearly visible and prominently placed, the words: "STATE OF CALIFORNIA SAFETY WARNING: MAY HARM BEES" and a  logo, as determined by the director.   logo.  This label shall contrast, by typography, layout, or color, with other printed matter nearby. (c) If the safety warning required in subdivision (b) is affixed rather than printed directly, the safety warning shall be affixed to the product in such a manner that it cannot be removed without a thorough application of water or other solvents.  (d) (1) Notwithstanding any other law, a violation of this section is not a crime.   (2) A violation of this section constitutes an unfair and unlawful business act or practice under Section 17200 of the Business and Professions Code and subject to enforcement pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.  SEC. 3. Article 4.5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read: Article 4.5. Neonicotinoids 14085. As used in this article, "neonicotinoid" means imidacloprid, nithiazine, acetamiprid, clothianidin, dinotefuran, thiacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals. 14086. (a) By January 1, 2018,  the director shall, by regulation pursuant to Section 14004.5, designate neonicotinoid pesticides as restricted materials.   noncommercial use of neonicotinoids shall be prohibited.   (b) The director may exempt products sold or applied by veterinarians from the restrictions and requirements governing the use and possession of neonicotinoid pesticides.   (b) The restrictions and requirements of this section governing the use and possession of neonicotinoid pesticide do not apply to the following:   (1) Products sold or applied by veterinarians.   (2) Pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal.   (3) Pet care products use to mitigate lice and bedbugs.   (4) Indoor pest control products used to mitigate insects indoors, including ant bait.   (c) (1) Notwithstanding other law, a violation of this section is not a crime.   (2) A violation of this section constitutes an unfair and unlawful business act or practice under Section 17200 of the Business and Professions Code and subject to enforcement pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.   SEC. 4.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.